New push for laws to punish marital rape

• Evidence of assault, including witnesses, among hurdles in matrimonial rules

There are those who want the Sexual Offences Act to be amended to recognise marital rape.

“Members of Parliament are influential and have the power to speak out about forced sex in marriage, and to unequivocally condemn it,” says APHRC.

“They can change the law so that it prohibits marital rape and they can raise awareness that sex within relationships should be consensual, not forced.”

The other proposal is for MPs to participate in raising awareness among the public that marital rape is a crime, and greater government investment in health, legal, and rehabilitation services for people affected by domestic violence.

APHRC argues that women who have been raped experience pain, humiliation, distress, and poor maternal and child health.

Studies have found that forced sex mostly occurs in relationships where the man is having extra-marital affairs or where there is disharmony.

The man expects his wife to yield to his sexual desires without raising questions or resistance. If she refuses for fear of contracting sexually transmitted infections, the man resorts to violence or forced sex, the studies found.

Many women fear reporting such assaults because they might lead to further violence or separation, which might not be in the best interests of the children.

Only women with secondary and higher education or those employed seem to be less likely to experience sexual violence than their primary school dropout and poor counterparts, says the KDHS 2008-09.

— AWC Features